Opinion
No. 3D18-312
03-20-2019
M.H., a Juvenile, Appellant, v. The State of Florida, Appellee.
Carlos J. Martinez, Public Defender, and Shannon Hemmendinger, Assistant Public Defender, for appellant. Ashley Moody, Attorney General, and Kayla H. McNab, Assistant Attorney General, for appellee.
Not final until disposition of timely filed motion for rehearing. Lower Tribunal No. 14-2550 An Appeal from the Circuit Court for Miami-Dade County, Teresa Mary Pooler, Judge. Carlos J. Martinez, Public Defender, and Shannon Hemmendinger, Assistant Public Defender, for appellant. Ashley Moody, Attorney General, and Kayla H. McNab, Assistant Attorney General, for appellee. Before SALTER, SCALES, and MILLER, JJ. PER CURIAM.
Affirmed. See Joseph v. State, 868 So. 2d 5, 8 (Fla. 4th DCA 2004) ("[The defendant] was not asked for his opinion of the detective's credibility. [He] was not required to choose between conceding the point or branding the detective as a liar. Asking whether another witness is 'wrong,' 'not accurate,' or 'mistaken' is very different from asking whether the witness is a liar.") (internal citations omitted); U.S. v. Gaines, 170 F.3d 72, 82 (1st Cir. 1999) ("The witness was not required to choose between conceding the point or branding another witness as a liar."); U.S. v. Gaind, 31 F.3d 73, 77 (2d Cir. 1994) ("Asking a witness whether a previous witness who gave conflicting testimony is 'mistaken' highlights the objective conflict without requiring the witness to condemn the prior witness a purveyor of deliberate falsehood, i.e., a 'liar.'").